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HomeMy WebLinkAboutR-1504 - Granting a variance to Centex Real Estate Corporation for a temporary sales officeCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.I 'So'! A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A VARIANCE TO CENTEX REAL ESTATE CORPORATION FOR A TEMPORARY SALES OFFICE. WHEREAS,Marysville Municipal Code Chapter 19.16.060(4) provides for the use of a temporary real estate sales office, sUbject to certain conditions set forth therein;and WHEREAS,Centex Real Estate corporation applied for a variance from the requirements of Chapter 19.16.060(4)to allow a temporary sales office to operate from an existing single-family residence not located within the planned residential development of Park View Estates;and WHEREAS,a pUblic hearing on said variance was held before the Marysville Hearing Examiner on August 29,1991;and WHEREAS,on September 3,1991 the Marysville Hearing Examiner entered written findings,conclusions and a recommenda- tion denying said variance;and WHEREAS,on October 7,1991 the Marysville City Council held a public hearing and received sworn testimony relating to the applicant's request that the Hearing Examiner's decision be reviewed; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS: Based on the aforementioned pUblic hearing,the City Council enters the following: FINDINGS OF FACT 1.Each of the aforementioned recitals above are hereby adopted as a finding of fact. 2.A representative of Centex Real Estate Corporation,Mr. Jack Hood,testified concerning the use of an existing single- family residence as a temporary sales office for Centex Real Estate Corporation relating to the PRO of Park View Estates.Mr. Hood explained the improvements that had been made to the resi- dence and its proximity to the applicant's project and explained that the residence would be needed as a temporary sales office only until a model home had been built in the development. RESOLUTION - 1 3.It was ascertained that no other property in the vicinity contained the same unique features in terms of proximity to the development.The City Council further finds that the grant of this variance does not constitute.a special privilege inconsistent with the use of other properties in the vicinity due to the fact that no other property would satisfy the applicant's short-term requirements for a temporary sales office. 4.The variance is necessary because of special circum- stances relating to the location of the subject property to the development.special circumstances also exist in light of the very short duration,i.e.,90 days,that the structure would be used for a temporary sales office. 5.The granting of the variance will not be materially detrimental to the pUblic welfare or injurious to the property or improvements in which the subject property is situated. Based upon the aforementioned Findings of Fact,the City Council enters the following: CONCLUSION/DECISION The applicant's variance request to MMC 19.16.060(4)is hereby APPROVED,sUbject to the following conditions: 1. from the 199~. The variance shall be for a limited period of 90 days date of the hearing in this matter,or until January 5, 2.The subject structure to be used as a temporary sales office shall receive certification from the Snohomish County Health District verifying that the septic system is operating and in compliance with Health District standards.In the alterna- tive,the subject structure shall pay all fees and meet all other city of Marysville requirements for connecting to the city's sewer system,and said structure shall be connected to said sewer system prior to operation as a sales office. This decision shall be final and conclusive,with the right of appeal to Snohomish County Superior Court by writ of Cer- tiorari within fifteen (15)calendar days of the date set forth below.Pursuant to MMC 2.70.140,the cost of transcription of all records ordered certified by the court for such review shall be borne by the applicant for the writ. RESOLUTION - 2 ~PASSED by the City Council and APPROVED by the Mayor thisJ~v~day of October,1991. CITY OF MARYSVILLE By Attest:~By:~e CITY LERK Approved as to form: By:~Kf./'-/~ CITY ATTORNEY RESOLUTION - 3